By John Considine
In his book Beautiful Game Theory: How Soccer Can Help Economics, Ignacio Palacios-Huerta expresses the hope that his sport can help economists think about their subject. There is no shortage of examples where sport can help individuals think about other areas of their life. For example, there is a clear link between motorcycle races in Greece and household waste collection in Dublin. The link comes in the form of an important legal case. In Nurendale Ltd t/a Panda Waste Services -v- Dublin City Council & Others, the judge drew parallels between the organisation of a waste collection competition in Dublin and the organisation of motorcycle races in Greece.
The importance of the case involving the Greek motorcycling for EU Sports Law can be inferred from the fact that the case is listed on the main paper of the EU Competition Policy page on sport (here). The case is Motosykletistiki Omospondia Ellados NPID (MOTOE).
MOTOE wanted to organise some motorcycle races but needed permission from the relevant Minister. Nothing surprising there. What was surprising was that ELPA, the national representative of the International Motorcycling Federation, had the power to veto any Ministerial decision. ELPA organised their own races via a subsidiary and could effectively eliminate competition by use of their veto or regulatory power. The Court said of its regulatory right: "Such a right may therefore lead the undertaking which possesses it to deny other operators access to the relevant market. That situation of unequal conditions of competition is also highlighted by the fact, confirmed at the hearing before the Court, that, when ELPA organises or participates in the organisation of motorcycling events, it is not required to obtain any consent in order that the competent administration grant it the required authorisation."
The judge in the Panda case made reference to the MOTOE case when considering the change to the organisation of household waste collection in Dublin. He noted the similarities in way "the variation" (i) allowed Dublin City Council to organise the competition and (ii) the fact that Dublin City Council also provided waste collection services. Substitute ELPA for Dublin City Council. The judge ruled in favour of Panda.
When it comes to organising competitions, sport can clearly offer us ways to think about the issues.
The importance of the case involving the Greek motorcycling for EU Sports Law can be inferred from the fact that the case is listed on the main paper of the EU Competition Policy page on sport (here). The case is Motosykletistiki Omospondia Ellados NPID (MOTOE).
MOTOE wanted to organise some motorcycle races but needed permission from the relevant Minister. Nothing surprising there. What was surprising was that ELPA, the national representative of the International Motorcycling Federation, had the power to veto any Ministerial decision. ELPA organised their own races via a subsidiary and could effectively eliminate competition by use of their veto or regulatory power. The Court said of its regulatory right: "Such a right may therefore lead the undertaking which possesses it to deny other operators access to the relevant market. That situation of unequal conditions of competition is also highlighted by the fact, confirmed at the hearing before the Court, that, when ELPA organises or participates in the organisation of motorcycling events, it is not required to obtain any consent in order that the competent administration grant it the required authorisation."
The judge in the Panda case made reference to the MOTOE case when considering the change to the organisation of household waste collection in Dublin. He noted the similarities in way "the variation" (i) allowed Dublin City Council to organise the competition and (ii) the fact that Dublin City Council also provided waste collection services. Substitute ELPA for Dublin City Council. The judge ruled in favour of Panda.
When it comes to organising competitions, sport can clearly offer us ways to think about the issues.
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